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<br />DocuSign Envelope ID: 29EAB906-1936-4BAB-83BE-97C974F00293
<br />2.4 EDH is Not a Provider. Sponsor acknowledges and agrees that: (a) EDH does not practice
<br />medicine, provide medical advice, render any medical judgment, or make any medical recommendation (as to
<br />any Provider or medical treatment), and (b) EDH is not being retained under this Agreement to practice
<br />medicine, provide medical advice, render any medical judgment, or make any medical recommendation (as to
<br />any Provider or medical treatment). Sponsor further acknowledges and agrees that Providers shall be solely
<br />responsible for (1) all matters relating to medical treatment and/or procedures of Participants and (2) all
<br />advisement, evaluation, recommendation, or other similar responsibility or obligation relating to medical
<br />treatments and/or procedures of Participants.
<br />2.5 Participant Clearance to Travel. From time to time, a Participant may be required to travel
<br />to a Provider for an Episode of Care. It shall be the sole responsibility of Participant to obtain advice from the
<br />Provider or Participant's primary care physician and/or other treating physician, whether, in such physician's
<br />independent medical opinion, Participant is fit to travel to Provider's location. In accordance with HIPAA
<br />standards regarding the release of medical records, EDH shall assist such Participant, or such Participant's
<br />representative, with the collection and transfer of medical records and other documentation, as may be
<br />reasonably necessary to facilitate the Participant's travel for an Episode of Care.
<br />2.6 limited Role of EDH. EDH's role is strictly limited to offering the Network and providing
<br />Network Services. Sponsor delegates to EDH only those powers and responsibilities with respect to
<br />development, maintenance and administration of the Plan that are specifically enumerated in this Agreement.
<br />Any function not specifically delegated to EDH shall remain the sole responsibility of Sponsor or its other
<br />designees. The Parties acknowledge that: (a) this Agreement is for administrative services only as specifically
<br />set forth herein, and (b) this Agreement shall not be deemed a contract of insurance under any laws or
<br />regulations. EDH does not insure, guarantee or underwrite the liability of Sponsor under the Plan, or any other
<br />third party. EDH does not have the ability to exercise discretionary authority or control regarding management
<br />or interpretation of the Plan. Sponsor has total responsibility for payment of Claims under the Plan and all
<br />expenses incidental to the Plan. Accordingly, EDH is not a fiduciary of the Plan. EDH shall have no responsibility
<br />for collecting premiums or contributions for insurance coverage or for establishing a premium fiduciary
<br />account.
<br />2.7 Representations and Warranties of EDH. EDH represents and warrants that: (a) EDH will
<br />comply with all laws, rules and regulations applicable to the Network Services, including, without limitation,
<br />laws, rules, and regulations which may require EDH to be licensed or otherwise authorized as a third party
<br />administrator; (b) EDH will perform all Network Services diligently and professionally, consistent with generally
<br />accepted industry standards applicable to third party administrators; and (c) EDH shall maintain all applicable
<br />licenses, registrations and certifications necessary to carry out the Network Services. Except as expressly set
<br />forth herein, EDH does not make any representations or warranties of any kind, express or implied, including
<br />any warranty of quality, merchantability, or fitness for a particular use or purpose. For the avoidance of doubt,
<br />EDH makes no warranty, express or implied, concerning: (1) any Provider or other vendor providing services
<br />relating to an Episode of Care; or (2) information transmitted in good faith by EDH from third -party sources.
<br />2.8 Non -Discrimination. EDH will not discriminate in delivery of the Network or Network Services
<br />to Participants or in the type and quality of Network Services provided to any Participant on the basis of age,
<br />race, religion, national origin, sex, marital status, sexual orientation, health status, disability, source of payment
<br />for services, or otherwise in contravention of applicable law.
<br />2.9 Written Agreement. The Parties understand and agree that, pursuant to applicable law
<br />pertaining to third party administrators, EDH is not permitted to act without a written agreement between
<br />EDH and Sponsor, and that any such written agreement must fully state the activities that EDH will perform for
<br />Sponsor as a third party administrator. If Sponsor and/or the Plan institutes a policy or procedure that is
<br />relevant to EDH's provision of the Network Services pursuant to this Agreement, Sponsor shall provide EDH
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